Wednesday, April 04, 2018
Por Amar Sin Ley, 4/4/18 Chapter 22 Miercoles: We Knew It; He Blew It
- Roberto told Leonardo that the court date was in three days. Leonardo didn't like this because he felt that they didn't have enough proof. Roberto was sure they could spin what they had.
- Alan presented Nora's case by saying that she had been threatened with a sharp object while being sexually attacked. The prosecutor argued that the weapon had not been used against her and this was insufficient for an argument of self-defense. Alan countered that the threat was sufficiently frightening to motivate the defendant to defend herself. The prosecutor said that there was insufficient vs. its actual use, per the law. The judge reprimanded Alan, saying that his arguments were incorrect. “Your client has the right to a good defense. Do not obligate me to remove you.”
“I can defend my client,” Alan said. [Really? We have reasonable doubt about that.]
The prosecutor wanted to begin questioning Nora and Alan tried to stall it. The prosecutor held up the evidence bag containing the weapon. Nora began to freak. The evidence was accepted. Cinthia looked frightened. - Juan told the coroner that he was going out for coffee but would be right back. He then worked on the guy, empathizing with his workload, etc., and asked how he liked his coffee. The man said he liked café Americano. Juan said “Good, because I might otherwise have brought you a double espresso.” Then he walked out.
- The prosecutor finished his closing statement, saying that the only appropriate criteria is the letter of the law. Thus, the fastest trial in history ends with a judgement of guilty of homicide. Nora cried as she protested and her mother began to cry. The judge called for silence as he announced that in view of this being a first offense the sentence would be six years in prison.
- Juan came back with the coffee and asked if there was any news. When the answer was
no” he brought home the point that his client's court date is in a few days. The coroner gave the usual passive/aggressive excuse of things taking their own time. [So what is he doing at the desk when he should be in the lab?] Juan said he had to leave because he had things to do. He then left, saying he would be back. - Nora became hysterical, begging her mother to get her out. The police dragged her back to her cell. Her mother gave Alan hell for his incompetence. He said he would try to appeal but that her daughter's fingerprints were on the murder weapon. She shoved him away and left. The prosecutor then told Alan he felt sorry for his client, but that he was wrong to try to make a self-defense claim when she had no bruises, cuts, or other evidence of bodily harm. [If a rape victim has to wait for a weapon to be used on her to decide to defend herself using deadly force for this to be called self-defense, it's no wonder there are so many femicides in Ciudad Juárez.] When Alan said he would appeal, the prosecutor said “I doubt she would want you to represent her again..” [Now taking bets on who will.]
- Leticia went into Gustavo's office to remind him that his case against Milena would be heard the next day. He was to hand over photos, videos, etc., and the ones she sent to Isabel. He was not comfortable having those go before a judge, but Leticia said that this was the only way. Further, if he wanted to extend the charges there needed to be something else he could charge her with. She asked about threats and extortion, whether there were any messages, e-mails, etc. He opened his laptop and she took it to make the searches. He put in his password and told her to look for what she needed.
- Ricardo accepted a video game invitation from his son ad when he ended the call talked with Alejandra about spending some time with her and her father. [This is the real deal, amigos.]
- Juan went back to the office with the exact date and time. No news yet about the report but he is leaning on them. Leo was still concerned and after some back and forth Juan told them that if the courts aren't in a hurry they don't have much of a case. This was not, however, going to allow them to be lazy. Leonardo said they needed to be prepared for any surprises.
- Victoria and Olivia went to the same restaurant for lunch and every table was occupied. They and saw Ricardo and Alejandra. Just as they sat down Olivia's cell indicated she had another match. Alejandra commented that sometimes love happens when one least expects it.
- Leticia was looking at the messages on Gustavo's laptop when Benjamín arrived. She had not yet found anything she could use against her in another charge. She then began making fun of the messages that were there. Benjamín, in his usual way, made suggestive remarks about them getting together that night, but she said she had to work. Benjamín kissed her and left her to her work. As he headed for the door she looked at him with new eyes. It did not look like she liked what she saw.
- Roberto suggested that they find a way to elevate Carlos' image. When he wondered what pro bono cases Carlos had taken, Juan told him that the only clients Carlos ever had were wealthy ones who paid big money for his services. Leonardo then suggested they talk to his colleagues, friends, and family. Even Alejandra.
- Olivia and Victoria returned to the office talking about Olivia's upcoming new date. They also had noticed what was going on between Ricardo and Alejandra. Victoria was pleased for Ricardo, saying that it was a long time since she last saw him happy. When Olivia mentioned Leonardo's name, Victoria changed the subject and said they'd better get to work or stay late.
- Ricardo finished his work early and asked Alejandra if she'd like help with hers. She suggested he get a head start on his time with Federico and he agreed. They were about to kiss when Carmen knocked. They separated and Carmen came in with the good news for Alejandra that her office was ready. She also said that Leonardo wanted to see her. After she left Ricardo told her that while he was happy her office was ready he was accustomed to her being in his. Kiss, and at least the door was closed.
- Alan visited Carlos, who appeared to be losing his mind. He told him the bad news that he lost the criminal case he just handled. Carlos called him an idiot, told him that he was bringing down the firm, and forbade him taking any cases. He told him to get out and Alan refused because “It's my firm, too.” [This will end badly.]
- Leonardo and Roberto asked Alejandra to be a character witness for Carlos. She looked a little hesitant.
- Alan and Carlos continued to argue. Alan tried to pull the DNA card but Carlos didn't let him play it. He was in jail, his firm is in pieces, and he can't do anything about it until he got out. Finally Alan left.
- Alejandra told them she would do what she could, but Roberto had noticed that she had not been visiting Carlos for a while. She went into her new office where Carmen noticed that all was not well. She asked if she could help but Alejandra declined her offer. She said nothing about what was bothering her.
- Carlos' legal team felt as ready as they could be and Leonardo said that he hoped that Alan wouldn't say or do anything inconsistent with what they know. Juan did not think he would, but Leo pointed out that they needed to get Carlos out of jail. Then they could find the killer. [With regard to Alan, it's too bad Juan didn't recruit a spy from within the halls of injustice.]
- Ricardo and Federico watched sports on TV and ate snacks and had a good time. Federico then told him he's like to live with him.
- Gustavo stopped by Benjamín's office to invite him for a drink. He was tired of going to a small hotel room by himself. Benjamín declined, saying he had to go home to his wife and son. He suggested Ricardo, but Gustavo knew that Ricardo was with his kids. “I have to get used to my new reality,” he said. After he left Benjamín paused long enough to look at a photo of his wife, a photo that was probably taken around the time they were married. He suddenly – and for the first time – looked like he was thinking.
- Ricardo said he would like that but he would have to talk to Elena about this. He explained that it would cause a lot of problems because he isn't Fede's natural or legal father. He did say that they would work together at finding the way to do this.
- Gustavo called Isabel and begged her once again to give him another chance. Her answer was the same. Nothing new in their conversation. Finally he asked to speak to Luis and she handed the phone to the boy. He told Gustavo he missed him and asked when he was coming back from his business trip. Gustavo told him it would be soon. As soon as he ended the call he cried.
- Alejandra and Paul talked about the upcoming court date. Alejandra was nervous about it.
- Leticia found Gustavo crying in his office. She told him that if all went well the next day the matter with Milena would be over. [I think she's being a bit optimistic about this.] She told him to trust her.
- Alejandra was nervous because of the possibility that Carlos would not be released. She wasn't sure what she would or could do then. However, Paula told her to have faith.
- The following morning when Ricardo picked Alejandra up at her place she told him that Carlos' court date was in two days.
- Leticia gave her opening statement in court, stating that Gustavo was a noted family law attorney whose former lover, Milena Tellèz – with the intent of ruining his reputation – posted an explicit sex video of them on the internet without his consent. Milena's attorney countered that his client did not commit any crime, but merely uploaded the video to the wrong platform. He mentioned that Gustavo had consented to make the video. The judge looked at Leticia and asked if that was true and she answered that it was, but he had not consented to this use of it. Milena's lawyer pointed out that everyone shares on the internet but Leticia pointed out that this was on a page freely available to the public for the purpose of humiliating Gustavo. She then handed a disc to the court clerk as evidence and the clerk inserted the disc into cinto the computer and played it. The judge lowered his glasses to watch, Gustavo was cringing internally, and Milena's lawyer looked embarrassed.
- Ricardo said he thought that Roberto and Leonardo would do a good job on Carlos' case. Alejandra was also confident in them as there was not much evidence in the case. Ricardo said that this would be when she could clarify her relationship with Carlos and she told him that Leonardo wanted her to be there. Ricardo looked a little insecure through this.
- Leticia told the court that Gustavo had told Milena on multiple occasions that he wanted to end their relationship but Milena would not accept this. [Why didn't she put him on the witness stand?] Milena tried to deny this. Leticia then accused Milena of attempted extortion. Milena's lawyer then stood up demanding proof. Leticia submitted the evidence, which were copies of messages Milena had sent. She then read off the computer screen. “My love, buy me the earrings you promised me. You don't want to see me angry, do you?” Opposing counsel said that this was no proof. “That she demanded them that way, imagine the extortion she could have been contemplating,” she said. “How do we know she didn't threaten to post the videos on the internet if he didn't pay her money?” She then continued. “'You didn't come yesterday. If you want me to forgive you, you will buy me these shoes.' And she included a photo of the shoes she wanted. They cost more than seven thousand pesos.” [$387 US, but who's counting?]
Milena got up and shouted that Gustavo had used her and thrown her away. The judge demanded order and her lawyer brought her back to her seat. - Ricardo told Alejandra she had to help. She told him that when Carlos goes free things between them will have to change. She will have to talk to him. This will take time. Ricardo told her she should take all the time she needed. Their time together will be a great memory for him. [WTF???]
Labels: ley
I enjoy watching this telenovela and even more so reading the recaps and discussing it on Caray, but it irks me tremendously that the writers do not bother to do research of the legal issues they portray.
I get it, the plot warrants showing that Alan is an inept lawyer but inventing ridiculous new laws so that Alan can be shown not to know them is absurd.
You are absolutely correct in your aside about the rape victims and self defense.
I already said it about the previous episode, but will reiterate: Self defense is a legal justification for the use of force in times of danger to oneself or others.
The whole idea of self defense is that you use force in order to protect yourself or others from injury or death, therefore it is absurd to say that if there are no injuries, it's not self defense. It is more difficult to prove self defense when there are no injuries, but it is still self defense.
What is even more infuriating is how they portray the judge in this sham of a trial.
A judge has wide powers during a trial and his goal is always to get to the truth above anything else. When a judge witnesses a lawyer providing inadequate defense, he has the power and the obligation to interrupt the proceedings and to make sure that the accused gets an adequate defense, since inadequate defense means he might not get to the truth.
Moreover, when it is evident to all, including to the prosecutor, that the accused actually has a valid justification for her actions, just not the one being presented by her defense lawyer, the way to go is to suspend the trial, get the accused a different lawyer and then proceed with the trial, not to convict her based on a technicality(the mistake of law committed by the defense counsel)and hope that everything will be rectified on appeal.
What's even crazier is that the prosecutor said to Alan that he felt sorry for his client, so basically he understands that the defendant is innocent and only got convicted because of bad defense and it is beyond my understanding why did he decide to charge the assailant with murder in the first place.
In a case like this, where the victim and the assailant never met before, the victim being a huge male taxi driver and the assailant a scrawny very young female, the victim being killed with his own knife, there being no motive whatsoever to the killing and the assailant's story sounding true, no reasonable prosecutor would have brought charges against the assailant.
Irene
The case of the young woman accused of murder in the death of her rapist reminds me of a real case that was shown on Univision a few years ago. She was attacked on the street, but at some point wrested the knife away from him and stabbed him to death. Public outrage at the murder charge but I don't know how it ended.
Thanks for another fine recap UA. Irene, I assume you're a lawyer. Or if not, you certainly should be!
Again, we are dealing with a criminal prosecution, which is conducted by the victim's lawyer instead of a prosecutor and this just can't happen. If every person feeling victimized would hire a lawyer and prosecute the supposed assailant, the system would collapse. That's why we have prosecutors, whose jobs is to decide whether a specific case is a criminal case (as opposed to a civil case) and whether this criminal case warrants to be heard before the judge. Often, when minor offenses are concerned, the prosecutor might decide that it is not in the justice's best interest to prosecute, since prosecution is expensive and time consuming and is a burden on the entire legal system while the victim would very much like to see the one that did him wrong behind bars.
Now, regarding the charges themselves, I will reiterate what I said before : there is a presumption of innocence in Mexican law, like in virtually every country in the world.
It means that the prosecutor has to prove beyond reasonable doubt that a crime was committed, in our case that Milena posted the videos to extort Gustavo.
To provide examples where Milena asked for shoes and earrings and from that to extrapolate that she tried to extort Gustavo with a video tape is absurd. There is no proof whatsoever that Milena tried to extort Gustavo and the judge should dismiss this particular charge on the spot.
Leticia should have stuck with the civil lawsuit, which she would have easily won.
Irene
Alan failed to point out the size difference between his client and the rapist and did not question her as to the details, such as that she had been trapped on the back seat under the rapist's weight. I don't think anything was edited out so I can only conclude that this was a showcase of his gross incompetence. Someone from Vega will be rescuing her... we hope. While criminal law is not her specialty I think we all know that Victoria would have successfully defended this poor girl.
As for the judge, he was not only irresponsible in not removing Alan he clearly did not direct the trial appropriately. In the US he would be hauled up before a judicial review board for that and faced consequences. Assuming that such a case could go that far in the US, I doubt that any jury would vote to convict.
More later.
Irene
Irene
It will be interesting if Leticia comes up with more examples of this stuff tonight. She seems to be building a case involving escalating demands leading to the revenge porn. This looks like she is presenting a civil case with the potential to become a criminal one, but whether she has done anything truly illegal is questionable. I am wondering why nobody has taken the witness stand.
I can't stop myself from doing it, so will probably continue.
Irene
We shall see what she comes up with in next episode, but I find it very unlikely she can prove extortion. Extortion is a criminal offense of obtaining money, property, or services through coercion, which is certainly not the case here and no amount of extrapolation can help her make her case.
Irene
Irene
On another note, I'm going to bet that Leticia will be a better lawyer than Benjamin, which he will not like!
What a ridiculous travesty of justice. Alan, his opponent, and the judge should be ashamed. For pete’s sake, the weapon belonged to the taxi driver which Nora would’ve only known about if he pulled it out. I wonder if there’s any legal consultant on the TN. After all, they are getting real-like cases from somewhere.
I remember a U.S. case where a jail inmate stabbed the jail guard to death with an ice pick inside her cell. It was his ice pick and he'd been abusing female inmates for years, but this was the first time someone fought back successfully. As someone mentioned yesterday -- sorry, I forgot who), the taxi driver may have a history of rape that hasn't been uncovered yet.
Irene, you must be a teacher too, because you do a fine job of breaking the law down for us.
When Alan said he would appeal, the prosecutor said “I doubt she would want you to represent her again..” [Now taking bets on who will.]
I predict a released Carlos will take it on. He will have to do something dramatic to save his law firm. Plus Nora's mom must be wealthy. I do like that the writers have put more into Gil’s villain here than in the past – at least so far. I think he’s doing a good job.
Leticia is impressive in court. Maybe she really is as good as she thinks she is. I agree Milena was not trying to extort Gustavo though. She wanted to hurt him and Isabela, that's all.
Much as Fede wants to live with Ric (fat chance Elena would let that happen), I would hate to see his sister and her rabbit stuck alone living with Elena.
Leticia is working for her client. He wants Milena in jail so she is working to put Milena in jail. While she shouldn't be put in jail for extortion, I have zero problems with her going to jail for the revenge porn. She's also not making herself look good by standing up and shouting about Gustavo throwing her away.
I think Leticia probably is a good lawyer. Alonso noted that. But she doesn't have people skills and if her specialty is going to be family law, she might want to have some empathy. Leticia is a good researcher and has a killer instinct, which is why Alonso wants her teamed up with Olivia. Olivia has the people skills while Leticia brings it with the receipts.
To be honest, Leticia doesn't need to be working in family law, she needs to be working in criminal law and she actually should've been teamed up wtih Leonardo & Roberto to get Carlos out of jail.
Gustavo has the sadz because he's stuck alone in a small motel room while everyone else has a life. I will repeat again, I do think Gustavo loves Isabel but he loved himself more. So since he loves himself more, he needs to spend some time in that motel room loving himself more: he may love Isabel, but does he really want to BE with Isabel? What does Gustavo want out of life? If he truly wants the family life, why did he throw it away for an affair with someone he now claims to hate? If it meant nothing, why did he do it for a year?
Gustavo can't do any self reflection right now because he's in panic mode. His world has been ripped upside down and he's lashing out at Milena (who does deserve it) instead of accepting responsibility & accountability. Milena isn't responsible for this mess, even though she's a co-conspirator. Gustavo is responsible, but he thinks if he puts Milena in jail Isabel will come back to him and that's not the case. The only thing Milena should be punished for as far as Isabel is concerned is sending her the sex tapes and contacting her.
Gustavo needs to suffer the consequences, which is Isabel leaving him. Isabel needs to separate herself right now to protect herself and the boy from Gustavo & Milena Even if they eventually reconcile, Gustavo needs to know Isabel isn't going to stick around for his sh*t.
I think Benjamin was thinking for the first time what might happen if he gets busted by Karina.
Either Carlos or Victoria will take the case. But Carlos would have to take the case for free and waive the charges for Alan's incompetence because I can't see Nora's mom staying with that firm for representation. I think Mom will march right over to Vega & Associates and get Victoria to handle the case.
That's because the top dog in Vega & Associates is VEGA. Vega's guard dogs are Roberto, Ricardo and Victoria. Everyone else is a pound puppy.
If Leticia was smart, and she is, she will start to slide away from Benjamin, who really can't do anything for her, and try to slide towards Roberto, Ricardo or Alonso. Victoria too, if she swings that way. Staying on with Benjamin will not end well for Leticia.
If he can't save his firm will he end up at Vega or would that present a PR nightmare for Alonso et al?
While Leticia might be an excellent criminal law attorney I wonder whether she would have qualms about defending someone who looks truly guilty. She wants the spotlight and she also wants money.
She should definitely rethink her relationship with Benjamin, as that has done nothing for her so far. She doesn't have a snowball's chance in hell of getting with either Leonardo or Roberto and I don't think Victoria is a switch hitter. What Leticia needs to do is to learn how to be a good friend and ally instead of seeing other women only as competition. However, I doubt that will happen. If it does, it wouldn't happen overnight.
It was ridiculous that the judge didn't stop the proceedings over ineffective counsel. That was painful to watch. What does Alan even specialize in? The firm will probably be done when Carlos comes out. Apart from losing Alejandra and his reputation, his business will be gone too.
So far Carlos doesn't necessarily seem like an evil guy, just someone who made a bad choice and is a manipulator (at least with Alejandra). I still don't understand why he hates Ricardo in particular, but Ricardo doesn't like him either. Ricardo did say once that Carlos was a lawyer with no scruples who's only moved by money. Not sure if that was in reference to underhanded movements or perhaps to the clients Carlos tends to represent? If it's the latter, why judge Carlos for the quality of his clients if at the end of the day that's his job as a criminal defense lawyer? Not all lawyers are like Leonardo, who only take on cases where they believe their client is innocent. Everyone deserves a legal defense.
Anon1146
I'm not liking Ale for now.
Letty is finally doing more action than talking and messing around with repulsive Benjamin.
I think Carlos is ethically challenged, based on a conversation between him and Alan in the opening episode. Someone commented that Alejandra would be good for his image. I'm also sure he likes her connexions.
I forgot about that conversation with Alan. But as soon as Carlos gets out I can expect all evil to shine through.
Anon1146
Moreover, it is actually a criminal offense in Mexico to be found in possession of a knife (el delito de portación de arma blanca). It's a minor crime, but a crime nonetheless. The prosecutor should have taken that fact into consideration when deciding whether to charge the girl.
I am sure they don't have legal consultants. Even interns with basic legal education would not have allowed such glaring mistakes of law and procedure.
Irene
Irene--thank you, for unraveling all the mumbo-jumbo that Televisa tries to pass as legal procedure. Yes, to keep on giving us the "alternative facts."
Thank you, anon, from yesterday, identifying Laura Ojedo as Isela in LaCnndi. How quickly I forgot her strong character as the madam of a prostitution ring and pair her up with this mousy woman who preferred tv to her husband (frankly, I'd be sitting on the couch as well).
Poor Ric, at least he has Paris--or rather some Vega time. Now that Ale has her own office, kissy-face time will be reduced to zero, especially if Carlos gets out (which we all hope he will--I'm tired of his visitor area jail scenes and I don't want to see him beat up again--to add some in-your-face spice). Can't wait for him to find out his account has been cleaned out and who has his money.
I wonder where they are going to put Juanito.
I agree with Anon 207 and Anon 1146 that so far Carlos has done nothing villainous, apart from mild emotional manipulation of Alejandra(and if she fell for it, it's entirely her fault).
And other potential villains do not live to their full villainous potential either.
Leticia threatened to make Alejandra's life miserable, but in practice did nothing whatsoever.
Benjamin is a slimy, patronizing pig and a cheater, but all he does is going around gossiping with Leticia.
Elena is emotionally abusive to the children, but apart from that nothing over the top either. Yes, she is clingy, hypocrite and horrible, but her methods to get Ricardo back, while questionable, are relatively benign.
And Alan so far has only been guilty of being the worst lawyer in Mexico. Granted, his behavior is shady and he probably killed the stripper, but I will apply the sacred principle of innocent until proven guilty.
Irene
I immediately imagined a black and white montage of Rick and Ale in the office.
I don't ship them that much (I prefer the slow burn and sass of Roberto and Victoria), but they are kind of cute together.
Irene
Just like L.A. Law, the attorneys' private lives make up the juicy day-to-day stuff and that's what we're supposed to be enjoying. Speaking for myself, I'm tired of tns that pitch the antagonists against the protagonists and the free-for-all that results in the bad guys winning at every turn until almost the last 30 minutes of the finale when they get their just desserts. I'm enjoying this more than I thought, thanks to yours and the others introspective comments.
Yes, Ricardo is Federico and Natalia's dad, DNA notwithstanding. Elena doesn't understand that this relationship transcends DNA. I figured something out this afternoon: Elena may have not permitted him to adopt her children because that would terminate the parental rights and responsibilities of their sperm donor. That would end any right she would have to file a lawsuit against him for back child support to collect a nice lump sum in addition to Ricardo's income.
Now she can't collect child support from Ricardo. That is part of what's driving her although she hasn't said anything about it.
She also failed to understand that by becoming her children's father he was going to pay attention to them, attention that she felt she had the exclusive right to.
Gustavo may have dumped Milena suddenly, but based on the messages Leticia read out in court she was becoming very bitchy and greedy. If there are many more of those that we never heard he might have moved on anyway with or without fear of discovery.
Anybody is gonna appeal her case it
Most defiantly should be the 3 wisemen
Robby, Leo & Juan. Alan is a very bad lawyer. How did he get through law school? How did he pass the bar? How
Many times did he take the bar? Is it
Called the bar in Mexico? Why is he even practicing law? He's bad at it.
Poor Gus. I don't think he thinks the
DD WAS WORTH the heartbreak hes caused his wife and son.Sometimes people are
There own worst enemy.See, That's the
Thing about cheating, theres arrogance
Of thinking "I'm Havin fun and I'll never get caught". Never say never.
Thanks Urban.
Female passengers. And none of them had The guts to report him. Alan did not Even bother to investigate this rapist. Maybe some one would have come forward since this girl was putting up a defence. But asslan the inept lawyer
Of Mexico only brain cell is on vacay.
I'm not a lawyer, but by the way this case was conducted all three of these bozos(alan,prosecutor & his honorable
jackassness) should be disbarred.
You are right. Chances are this girl was not his first victim. He kept a knife handy and acted in a very rehearsed way, without a hint of hesitation.
Asslan of course should have presented every possible angle of defense, but it was the job of the worst prosecutor ever to actually do his job and weigh all the facts before charging this girl with murder.
Under normal circumstances, i.e when a prosecutor is a diligent civil servant and not a corrupt or incompetent placeholder, his job is to treat each case as an assembly of facts which he has to analyse in order to determine whether a crime was committed and whether he has enough evidence to prove beyond reasonable doubt that a crime was committed. To that effect, he himself has to do everything he can, with the assistance of the law enforcement, to gather every shred of evidence, including exculpatory evidence.
He can't just charge someone based on a gut feeling and it is his obligation to drop the charges if it becomes evident at some point that he was wrong. Only a corrupt prosecutor would charge someone with a crime just to get another win or stand idly by when witnessing a gross miscarriage of justice.
As far as getting Alan disbarred, it is actually very tricky to disbar a lawyer for sheer incompetence. Gross incompetency can constitute a ground for disbarment, but in practice it happens very rarely, since the term incompetence is subject to interpretation and abuse. It can happen when a pattern of gross incompetence is established or when the incompetence is of such magnitude that it is impossible to interpret it any other way.
For example, a lawyer who appeared in court dressed as Thomas Jefferson and told jurors that his capital murder client was a “professional drug dealer” and a “shooter of people” has been disbarred for inexplicable incompetence (yep, it really happened).
But other than that, it's virtually impossible to get disbarred for a single mistake.
What this case really warrants is malpractice lawsuit
Irene
Thanks!
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